Difference between constitutional law and administrative law is explained in this article. The relationship between administrative law and constitutional law is not very impervious. Both constitutional law and administrative law are functions of the government and parts of the public law in the modern nation-state.
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| Difference Between Constitutional Law and Administrative Law |
Yet, there is a difference between administrative law and constitutional law. Administrative law, to be more distinct and an addition to the supreme law of the land is the Constitutional Law.
Before we compare the difference between administrative and constitutional law, we need to know What is Constitutional Law? and What is Administrative Law?
Meaning and Definition of Constitutional Law
The constitutional law is the body of law which defines the roles, powers, and structure of different authorities within the State viz. the Executive, the Parliament or Legislature, and the Judiciary. However the basic rights of the citizens and in federal countries such as the United States, India, and Canada, the relationship between the Central Government and State.
It is essential that all functions and actions of the State are orderly and in accordance with the principles as has been laid down in the Constitutional Law. Therefore, our fundamental rights and duties that the State entourage are because of our Constitution. Every other law derives its authority from this body.
Meaning and Definition of Administrative Law
The administrative law is the body of law that governs the activities of administrative agencies of Government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda.
Administrative law deals with the decision-making of such administrative units of government as tribunals, boards or commissions that are part of a national regulatory scheme in such areas as police law, international trade, manufacturing, the environment, taxation, broadcasting, immigration, and transport.
Administrative law has become very necessary in the developed society and the relationship between the administrative authorities and the people had become very complex. In order to regulate these complex, relations, some law was necessary, which may bring about regularity, and certainty and may check at the same time the misuse of powers vested in the administration, therefore, administrative law.
Difference Between Administrative Law and Constitutional Law
| Constitutional Law | Administrative Law |
|---|---|
Constitutional Law as it is various organs of the Government. |
Whereas, administrative law describes organs in motion. |
Constitutional law deals with the structure and regulates the function. |
Administrative law deals with the details of the function. |
The ultimate law of any nation is Constitutional law. |
Administrative law is ancillary to the ultimate law. |
Constitutional law deals with the organs of the government. |
Administrative law deals with the functioning of the organs of the government. |
Constitutional law has a wider scope and deals with the powers of the State, general principles of governance and the relationship between citizens and the State. |
Administrative law has a narrow scope and deals with the powers and functions of the administrative bodies only. |
Constitutional law is the codified law into a single document. |
Administrative law is not the codified law and there might be numerous administrative laws prevailing. |
Constitutional law establishes administrative bodies. |
Administrative law is nothing but an action arm of constitutional law. |
Constitutional law is the supreme law of the country. |
Administrative law is subordinate to constitutional law. |
Constitutional law deals with the structure of the State. |
Administrative law deals with the various functions of the State. |
Constitutional law deals with all branches of law. |
Administrative law does not deal with all branches of law. |
Constitutional law deals with International laws. |
Administrative law does not deal with International law. |
Conclusion
Difference between constitutional law and administrative law is explained in this article. The relationship between administrative law and constitutional law is not very impervious. Both constitutional law and administrative law are functions of the government and parts of the public law in the modern nation-state. Therefore, Administrative law is the subset of Constitutional law.